in Re Attorney Fees of John W Ujlaky
330491
Mich. Ct. App.Feb 23, 2017Background
- John W. Ujlaky was appointed to represent Shawn Simpson on delayed appeal after Simpson’s guilty plea to first-degree CSC; the Court of Appeals denied leave.
- Ujlaky submitted a MAACS payment request claiming $2,150.05 in fees and $335.03 in expenses and checked the box for extraordinary fees; the circuit court initially paid $660 in fees plus expenses (the county standard maximum).
- Ujlaky moved for extraordinary appellate fees; the circuit court denied the motion. The Court of Appeals initially affirmed, concluding Ujlaky failed to prove the extraordinary nature and reasonableness of the fees.
- The Michigan Supreme Court reversed in part and remanded, directing the circuit court to either award the requested fees or articulate on the record why the fees were not reasonable.
- On remand the circuit court issued a detailed five-page written opinion applying Smith v Khouri’s four-step fee analysis, found most claimed hours excessive, awarded $660 as a reasonable fee, and did so without holding a new hearing.
- Ujlaky appealed, arguing the court failed to comply with the Supreme Court’s remand by not articulating reasons on the record in open court; the Court of Appeals affirmed, holding the written opinion satisfied the remand and any error in not holding a hearing was harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court complied with the Supreme Court’s remand requiring articulation "on the record" | Remand required in-court hearing and oral articulation of reasons on the record | A detailed written opinion sufficed to articulate reasons for appellate review; oral hearing not mandated | The written five-page order adequately complied with the remand; no hearing was required and any failure to hold one was harmless |
| Whether Ujlaky proved extraordinary and reasonable appellate fees beyond the $660 paid | Claimed 39.1 hours for work (record review, research, drafting, travel, administrative) supporting extraordinary fees | Most claimed hours were excessive/redundant given case facts (plea-based conviction, limited record, prior briefing); county rate $55/hr and 12 hours reasonable | Applying Smith v Khouri, court found 12 hours at $55/hr ($660) reasonable; Ujlaky failed to prove fees should exceed $660 |
Key Cases Cited
- Smith v. Khouri, 481 Mich 519 (Mich. 2008) (establishes the four-step process for determining reasonable attorney fees under MRPC 1.5)
- In re Ujlaky, 498 Mich 890 (Mich. 2015) (Michigan Supreme Court remand directing either award of fees or on-the-record articulation of reasons for denying them)
- Schumacher v. Dep’t of Natural Resources, 275 Mich App 121 (Mich. Ct. App. 2007) (de novo review for whether trial court followed an appellate court’s remand)
- Rodriguez v. General Motors Corp. (On Remand), 204 Mich App 509 (Mich. Ct. App. 1994) (lower court must comply with appellate mandate; written articulation may suffice for appellate review)
- People v. Johnson (On Rehearing), 208 Mich App 137 (Mich. Ct. App. 1994) (articulation purpose is to facilitate appellate review; remand for articulation unnecessary if record shows court resolved factual issues)